Wednesday, October 19, 2011

Top court rules web links not illegal (Supreme Court of Canada) � ~ BLOGGER.GUNNY.G.1984 ~ (BLOG & EMAIL)

Top court rules web links not illegal (Supreme Court of Canada) � ~ BLOGGER.GUNNY.G.1984 ~ (BLOG & EMAIL):

OTTAWA – Creating an online link to defamatory content created by someone else does not constitute publishing that content.

In a decision that could have chilled the way the Internet works, the Supreme Court of Canada ruled that bloggers and Twitter users are not breaking the law by merely linking to another site that contains libelous or defamatory material.

“The Internet, in short, cannot provide access to information without hyperlinks,” wrote Justice Rosalie Abella. “Limiting their usefulness by subjecting them to the traditional publication rule would have the effect of seriously restricting the flow of information and as a result, freedom of expression.”

While the decision was unanimous, two justices warned that framing or endorsing the link as the truth or accurate could still land an Internet linker in court.

“Combined text and hyperlink may amount to publication of defamatory material,” wrote Chief Justice Beverly McLachlin and Justice Morris Fish. “If the text communicates agreement with the content linked to, then the hyperlinker should be liable for the defamatory content.”

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